Pre-trial procedures Flashcards
When does counsel get appointed?
If counsel is requested, the judge determines that the accused is indigent, and the offense is punishable by a jail sentence or is a juvenile offense, counsel will be appointed to the defendant at the first appearance.
Can an out of custody defendant challenge his pretrial release conditions?
If a defendant is out of custody and is able to establish that the pretrial release conditions are a significant restraint on his liberty, the defendant may file a written motion of a non-adversary probable cause determination showing why a no probable cause finding would eliminate the restraints. The motion must be filed within 21 days of arrest and notice must be given to the State.
Can a person driving through the county who is suspected of committing a misdemeanor be issued a notice to appear in lieu of being arrested?
If a person commits a misdemeanor or municipal or county ordinance violation, the arresting officer may issue a written notice to appear instead of physically arresting the offender. However, issuing a written notice to appear instead of physically arresting an individual is improper if the individual has no ties to the community.
When are notices to appear improper?
Issuing a notice to appear is improper if the person (i) fails or refuses to identify himself, (ii) fails or refuses to sign the notice, (iii) has no ties to the community, (iv) poses an unreasonable risk of bodily harm to himself or another, (v) has previously failed to appear or (vi) is wanted in another jurisdiction.
Can a judge revoke pretrial release if the defendant is arrested by the issuance of a warrant?
A court, on its own motion, may revoke pretrial release if it finds probable cause to believe that the defendant committed another crime while on release. If the defendant was brought to court based on an arrest warrant, that will indicate a court previously determined that there is probable cause that the defendant committed the crime that brings defendant before the judge prior to arrest and based on that prior determination the court may revoke the defendant’s pretrial release.
When can the defendant be released from custody if no charges have been filed?
The State has 30 days from the arrest to file charges on an in-custody defendant. If the defendant has not been charged at the end of 30 days, the court must give notice to the State ordering the defendant’s automatic release on his own recognizance on the 33rd day, unless formal charges are filed, or if the State can show good cause, order that the defendant be released on his own recognizance on the 40th day. Unless formally charged with a crime, a defendant may not be held in custody for more than 40 days.
